Terms and Conditions

Introduction

Please read our terms and conditions carefully.  Our terms and conditions set out in plain English how Curly Cottage Media Limited conducts business.  These terms are designed to give you an understanding of how we work and how you can work with us.

By doing business with us, you accept these terms and conditions and acknowledge that you have read and understood them and their implications.  

If you have any questions please contact us.  This document will be presented at each new client engagement and to existing clients when the terms and conditions are updated.

Curly Cottage Media Limited is incorporated in England and Wales: Company number 8783688.  Our registered address is: Ash House, Bindon Road, Taunton, TA2 6BJ.

03333 442842
hello@curlycottage.com
www.curlycottage.com


Contents·         
  • 01. Business Process
  • 02. Estimates
  • 03. Billing
  • 04. Other Billable Service Items
  • 05. Meetings and Telephone Calls
  • 06. Travel and Expenses
  • 07. Exceptional Charges for Deadlines
  • 08. Support and Technical Help
  • 09. Ownership Copyright and Licensing
  • 10. Promotional Use
  • 11. Fonts and Font Licensing
  • 12. Images and Image Licensing
  • 13. Web Services
  • 14. License
  • 15. Service and Guarantee
  • 16. Bugs, Changes and Fixes
  • 17. Third Party Software
  • 18. Website Terms, Privacy and Cookies
  • 19. Email
  • 20. SEO
  • 21. Cancellation
  • 22. Communicating With Us
  • 23. Opening Hours
  • 24. Print Services
  • 25. Proofs
  • 26. Print Quotes
  • 27. Paying for your Print
  • 28. Colour
  • 29. VAT on Print Services
  • 30. Delivery
  • 31. Cancellation of Print Services
  • 32. Print Complaints
  • 33. Print Turnaround


01. Business Process

Our aim is to make doing business with us straightforward.  We have in place a number of well-defined and common sense procedures that help us and our customers do business together with minimal disruption or disagreement.  

Definitions

‘We’, ‘us’, ’our’ refers to Curly Cottage Media Limited and our trading styles.

‘You’, ‘your’ refers to you, our customer.

Process

1.       New project inquiries

We love to receive new project inquiries from existing and new customers.  We aim to respond quickly within 24 hours to your inquiry.  We will usually need to ask you questions about your project to establish a full understanding of your requirements.

2.       Requirements and solution

We will establish an understanding of your requirements and respond with a suitable solution together with an estimated price.  We will always try to qualify our suggested solutions and help you understand how the estimated price has been calculated.

It is your responsibility to understand the solution presented and to accept that the estimated price is an estimate based on the requirements you have presented to us.  

If you ever have any questions about our suggested solutions please do ask.  We will always provide assistance in understanding the solutions we present. It is your responsibility to understand and accept them.

There is no charge for our initial response to new project inquiries or for the creation of proposals.

3.       Additional scoping

Our suggested solution may begin with additional scoping.  This means that in order to properly create a solution to your requirements, we need to spend some time designing a solution in outline.  This scope can then be presented for development.  Additional scoping is highly recommended for large and complex projects.  Additional scoping is charged at our normal project rate.

4.       Accepting our estimate and terms

If you are happy with our solution and estimate price, we ask that you acknowledge our terms and conditions (this document) and pay us a deposit.  We take acceptance of our proposal and written authority to proceed with the work you have requested we complete as an indication that you accept these terms and conditions and that you are happy with the solution we have presented.

Our terms and conditions can be found online at www.curlycottage.com/terms-and-conditions

5.       Delivery

Delivery of your project begins when your deposit payment is received.  We undertake to deliver the solution as presented.  We will review your project with you at regular intervals.  We will review your project with you by privately presenting the solution in its developing form and explaining to you what work is being undertaken and why.  We will ask you questions and ask you to make decisions about certain aspects of the development of your project.

6.       Change of scope

Sometimes during development you might decide to change your requirements.  This might be a small change or a large one.  It is often hard to decide on certain aspects of your project until you see it coming to life and scope changes are normal.

If the scope changes our original estimate is no longer valid.  We may undertake to issue a new estimate if we feel the change of scope radically increases the cost of your project.  We will always try to accommodate changes of scope and provide updated estimates as they occur.

We cannot and do not guarantee that estimates will be fulfilled positively or negatively.  We charge by the hour for services rendered.  If we are nearing the limit of our estimate we will inform you.

All hours worked on a project are chargeable.

7.       Completion and delivery

When your project is finished we issue a final invoice and settle your account before releasing to you the final version of your project. 


02. Estimates

When you instruct us carry out a piece of work for you we will provide an estimate.  Your estimate is an indication of how many hours we think your project will take to complete based on the requirements you have detailed to us and the solution we have presented to you.

We are experienced in providing estimates and can usually give you a very good indication of how long we think a piece of work is going to take.  Sometimes, your project may take a little longer than expected to complete.  This might be caused by a new requirement that you present to us after we have started work or perhaps because of an unforeseen bug in the solution we are offering. 

When we believe we are going to exceed our original estimate, we will inform you of this at the earliest opportunity.  Where you change your requirements or add additional ones our original estimate is no longer accurate or valid.

All hours worked on a project are chargeable.  It is our responsibility to estimate as accurately as we can and to let you know when we think we will exceed our estimates but we do not work to fixed amounts or ‘quotes’ and you will be charged for all hours worked on your project.

You can ask us to stop working at any point and you will only be charged up to that point.


03. Billing

We bill for services by the hour.  Our hourly rate is £50.00 + VAT.   We charge a deposit before we start a project and bill monthly in arrears until project settlement and completion.

We offer 15 days to settle our invoices.

If your invoice is not settled within 15 days we reserve the right to start charging interest at a rate of 25% per 15 days chargeable on the first day of the 15 day period.  

We are VAT registered, VAT registration number 197 6687 31.  All of our pricing and estimates exclude VAT.  VAT is charged at point of invoice.

Invoices are sent electronically although sometimes we may send invoices by post to your place of business.

We accept bank transfer, payment by direct debit or via PayPal.  We reserve the right to charge an additional fee for the use of PayPal.  We do not accept cash or cheque payment.


04. Other Billable Service Items

As well as our hourly rate we may charge for stock image licences, software licenses used during the delivery of your project, travel expenses, meeting room hire or equipment purchase or hire.  We will agree these charges with you before incurring them.


05. Meetings and Telephone Calls

Time spent in meetings and on telephone calls as part of your project will be charged at our standard project rate.  If we are required to make international calls we will charge for the outbound call charges.


06. Travel Expenses

If you require us to travel to a meeting for your project by car we will charge the standard HMRC mileage rate for the distance traveled to and from the meeting.  We will also charge for the travel time to and from the meeting at half our standard hourly rate which is £25.00 per hour + VAT.

If we are required to travel to and from a meeting using public transport we will endeavour to find the cheapest standard class rate.  We always weigh up whether driving or using public transport to travel is the cheapest way to travel. We will also charge for the travel time to and from the meeting at half our standard hourly rate which is £25.00 per hour + VAT.


07. Exceptional Charges for Deadlines

We maintain a full order book and schedule work carefully to meet all client deadlines.  If you require urgent or valuable work to be carried out at very short notice we reserve the right to charge an urgent project hourly rate of £75.00 per hour + VAT.


08. Support and Technical Help

Sometimes we are asked to build solutions that interface with many people.  These might be your staff team or a database of customers who login or otherwise interact with the media product we have created.

Where we are asked to provide technical support and help to you or your users and customers this is chargeable at our standard project rate.  We will also charge for technical support for email, setting up your email client or resolving issues with your email client. Your email client is not our responsibility.

For larger projects where technical support is a key part of the solution we will offer you a cost effective support contract.


09. Ownership, Copyright and Licensing

Materials designed, written, coded, built or otherwise created by Richardesigns, Richard Shepherd and Curly Cottage Media Limited remain the intellectual property of Curly Cottage Media Limited unless an explicit licence has been granted via a copyright transfer declaration.  All rights reserved, Copyright Curly Cottage Media Limited.

If you would like to own copyright of some or all of the elements that make up your project please contact us to arrange a valuation.


10. Promotional Use

We reserve the right to use project work we have created for promotional use except in circumstances where you have purchased the copyright.


11. Fonts and Font Licensing

We use fonts in our creative and development work.  These fonts are typically free to use commercially and we make good use of the Google Fonts repository.  However, we sometimes use more elaborate font designs and there may be licensing charges for these.  We will let you know before we use a font if it requires a third party license.  

The terms of use of the third party fonts are with the font foundry or creator and not Curly Cottage Media Limited.  In most cases copyright of the font used remains exclusively with the font foundry or creator.


12. Images and Image Licensing

We use images created by talented professional photographers.  Where we license these images for use on your project there will be a charge in order to pay the photographer.  The terms of use of the image are with the photographer and not Curly Cottage Media Limited.  In most cases copyright of the images used remains exclusively with the photographer.



13. Web Services

Curly Cottage Media Limited supplies web hosting services.  These include but are not limited to:

·         Website hosting
·         Email hosting
·         Domain Name Server hosting and management
·         Domain registration
·         Application servers
·         SSL Certification (Secure Socket Layer) 
·         SSL Endpoints and calibration
·         Error tracking
·         Amazon S3 hosting
·         Microsoft Exchange Server
·         Hosted Ecommerce
·         Mandrill email server

Our web services are billed for monthly in advance.  Your project will have specific hosting requirements.  Each project we undertake will receive a unique hosting solution to best meet its needs.

We will provide a hosting estimate for your project.  The web services that support your application are an integral part of any web development project and we will always try to explain these to you during your project.  If you are unsure about the web services you need for your project please ask us.


Hosting prices are calculated monthly and can sometimes fluctuate based on usage. We will write to you if we think your hosting costs are going to increase.  We reserve the right to increase hosting charges at any time.


14. License

Upon settlement of our final project invoice we grant you license over your web project in its final form.  This license gives you ownership of the web project and grants you the right to market, edit or change the finished project.

The copyright of the web project remains the property of Curly Cottage Media Limited.  

The web project will be hosted using our web services for which there will be a monthly charge which we will estimate to you in advance.   If you would like to move your web project to different servers, there will be a charge of £495.00 + VAT to package the web project in such a way that you can move it.

If you do chose to move your web project away from our web services we are unable to service, guarantee or support it in the same cost effective manner that we would otherwise be able to do.


15. Service and Guarantee

When you buy web services from us, you receive a service guarantee from us.  If there is a problem caused by a fault in the technology providing the web service we will undertake to fix it.

Where faults are caused by users or yourself we will charge our standard hourly rate to fix the problem.


We do not accept responsibility for the accuracy of written content provided in any of our media projects.  It is your responsibility to check the accuracy and legality of written content provided.


16. Bugs, Changes and Fixes

All web projects have bugs, fixes and changes.  Bugs are unidentified errors that occur during the fine tuning of systems. They are a bi-product of bespoke development and identifying bugs and solutions to them is a key part of building a robust web system.  The process of finding bugs and creating solutions to bugs is part of our normal development and is charged at our standard hourly rate.  When we find bugs we will always let you know and inform you of the actions required and the cost of those actions to create a solution.

A change is an identified need to change an element of your web project.  A change may be a colour change or a code change or a change in the way your web project works.  Changes might be spotted by you or us.  Changes will always be tracked and we will inform you of the actions required and the cost of those actions to making the change.

A fix occurs when a change or a bug solution has not been completed correctly.  We provide you with the opportunity and instructions to test the bug solution or change that we have created.  If it does not work to your liking the problem becomes another bug or change for further development. If you approve a change or a bug solution during testing and it becomes live and it is found after that, that the problem persists, this is now a fix.

Fix fixes are charged at our standard project rate.


17. Third Party Software

We often use third party software to create cost effective modular solutions.  We cannot make guarantees on third party software.


18. Website Terms, Privacy and Cookies

If you ask us to build and host a website you are responsible for the operation of that website as the licensed owner of that website.  We will comply with all requests from the ICO, Nominet and other authorities in respect of your website.

As such, the terms of use and privacy statement are your responsibility.  If your website collects personal information, it is your responsibility to ensure that data is handled correctly.

We will advise and assist you in creating suitable terms and privacy statements for your web project.

Cookies are small packets of information used by your website and stored on a visitor’s computer to improve the user experience.  We will provide you with a cookies statement that fulfills the legal requirement to inform your visitors about your websites’ use of cookies.


19. Email

We provide email hosting and webmail access.  When you buy email hosting from us we provide an email server for the email to be received and sent from.  We provide support to set-up your domain MX records which are the domain settings which define how email is delivered to your server. We also provide access to your emails via a browser-based portal.

Most clients read their emails via a mail client.  A mail client is a third party piece of software such as Microsoft Outlook, Apple Mail or Google Mail. There are many different mail clients and some are native to mobile devices such as an iPhone.

We cannot guarantee that your chosen mail client will interface with our mail server.  We can provide support for your mail client in order to ‘set-up’ your emails on your chosen device or computer.  This is charged at our standard hourly rate.

If you are experiencing problems with your email, we will investigate whether it is a problem with our server first.  If it is a problem with our server we will undertake to fix it at no charge to you.  If the problem is with your mail client, we will charge for support services at our standard hourly rate.


20. Search Engine Optimisation

Search Engine Optimisation is the process of optimising your website in order to attempt to manipulate search results to your advantage.   We offer search engine consultancy to help you understand how SEO works and how best to go about using search to your advantage. 

We build search friendly websites.  This means that your website will be built in search friendly languages with page load speed in mind.  Standard website elements such as alt tags, a title tag, page descriptions and meta tags are provided as standard.

SEO services are charged for at our standard hourly rate and if will be included in your estimate if necessary.  If we do not explicitly offer SEO services please do not assume they are included.  We do not and cannot offer to guarantee search results in any way.


21. Cancellation

If you cancel a project during development we will charge you for all work carried out up to the point at which we receive written notice of your cancellation.

If you would like to cancel web services there is a 1 month notice period excluding the month during which we receive your cancellation notice.  For example, if it is the 15th of March and you inform us that you would like to cancel your website hosting, the end of your contract with us would be the 30th of April.  We would collect hosting payments for March and April.

Some of our web services have a 12 month contract and we will inform you of that before undertaking to supply those services. 


22. Communicating With Us

If there is anything in these terms and conditions which you are unsure about please do contact us.  We aim to make communicating with us simple and fast.  We cannot always get to the phone. If this is the case, please leave your name and number and we will try to return your call at the next available opportunity.

If you email us we will try to respond within 12 working hours.  Email is our official channel of communication as telephone can be unreliable at times.  


23. Opening Hours

We are open from 08:30 until 17:30 Monday to Friday.  We are not open on Saturdays or Sundays, bank holidays or Christmas Day, Boxing Day or New Year’s Day.

If you need to contact us urgently when we are closed please email and mark your message URGENT.


24. Print Services

Curly Cottage Media Limited provides print services.  We provide print quotes free of charge and generally save you money and time by finding the most competitive price.

We ensure your artwork is acceptable quality for the press and manage the process of artwork submission to delivery to the press for production.


25. Proofs

Print proofs will be supplied electronically and explained to you before being committed to the press.  It is your final responsibility to approve the proofs.  We will not print until we have received in writing approval of the proof.  The proof is an exact reproduction of what will be printed.  Mistakes on that proof are the sole responsibility of the person who provides approval.  We can help you proof read and prepare the document for approval.  Proofing services are charged at our standard hourly rate.


26. Print Quotes

Print quotes are provided free of charge and are valid for 10 days.


27. Paying for Your Print

We require cleared funds for print.  We cannot commit your artwork to the press without cleared funds.


28. Colour

Colours may vary from your print proof.  We cannot guarantee the colour production on your printed items will match the onscreen proof.  Printed colour proofs can be supplied for an additional charge.  For more accurate colour reproduction please provide a pantone colour reference from a pantone colour book otherwise we will supply colours to press in CMYK format.  Spot pantone colour reproduction may be more expensive.


29. VAT on Print Services

VAT is charged on all of our print services.


30. Delivery

Delivery will be included in our print quote to one address.  We will attempt to deliver once.  If you are unable to or do not accept the delivery it is your responsibility to collect the items from your local courier depot.  We use a variety of couriers.  Usually the courier will attempt a second delivery.  There may be a charge to re-deliver.

If you repeatedly refuse acceptance or are unable to accept delivery your printed items will be destroyed and no refund is given.


31. Cancellation of Print Services

Please note that once cleared funds have been received we are unable to cancel your print job or offer a refund.


32. Print Complaints

If you are unhappy with your printed items when they arrive please contact us as soon as possible.   We will need you to post us samples of the printed items to show how or why you are unhappy with the print quality.

If we find that a mistake has been made or that the print quality is less than quoted we will endeavor to replace the printed items.


33. Print Turnaround

We offer estimated print turnaround timings.  These typically are 10 days from submission of artwork proof to delivery.  These timings may vary.  Proof and cleared funds must arrive before 3PM on the first day.

If you need your printed items by a specific date please let us know so that we can ensure your printed items arrive on time.  We will do our best to ensure your items arrive on time but we cannot guarantee this.  We will inform you of the risk at point of purchase.  If we use next day 'pre 9AM' delivery by courier guarantee to deliver at or before 9AM is with the courier.